On the night of February 20, 2012, Tempe resident Michael Poshka, 30, allegedly slammed his Jeep Cherokee into a woman walking near Eighth Avenue and Stapley Drive in Mesa, then drove away and left her to die beside the road.

Jamie Peachey

Tad Zaccard of Mesa worries he'll be convicted of DUI after a December traffic stop simply because he uses medical pot.

After a witness called in the collision, Poshka quickly was stopped in the area by a patrol officer. He and the Jeep reeked of pot, and Poshka "was having a difficult time standing up and was speaking very slow," a police report states. Two officers also noticed a faint smell of booze on Poshka's breath; he denied drinking or hitting anyone. He refused a breath test, wouldn't allow officers to look into his eyes, and refused a field-sobriety test. He admitted to smoking pot three days earlier.

A crime-lab report revealed that Poshka had 8.9 ng/ml of active THC in his blood just after the crash (and, if you're curious, 105 ng/ml of the inactive carboxy-THC).

By the numbers, he was too high to drive in any state. But the test also showed a BAC of .147, slightly below the state's "extreme DUI" limit of .15. Even without the pot, Poshka's BAC suggests he was still a serious risk to other drivers.

Had he stuck to pot only he probably wouldn't have crashed at all.

Despite the fact that marijuana is the second-most-used mind-altering substance behind alcohol in the country, pot trails alcohol and less commonly abused drugs when it comes to crashes, a New Times review of records shows. Compared to crashes believed to have been caused by booze, pot is nowhere close to being in the same league.

Statistics compiled by the Arizona Department of Transportation each year show that alcohol impairment is believed by police to be responsible for five to 10 times the number of fatal and injury crashes statewide as all other illegally used drugs combined.

For instance, in 2011, ADOT stats show that more than 16 percent of drivers believed responsible in fatal crashes had been drinking, while 3.5 percent had been under the influence of drugs (but not drinking).

Marijuana, obviously, makes up a fraction of the latter category.

State officials were unable to provide specific pot stats. To determine the number, New Times asked several Valley police agencies to provide the drug and alcohol test results in fatal and injury crashes from 2012 that involved a suspected impaired driver. Only Scottsdale and Chandler provided all the information; Phoenix gave up most of the info but did not provide all the alcohol-impairment test results.

Chandler reported blood-test data for 48 crashes involving impaired drivers who hurt or killed people in 2012. Nearly every one was attributed to alcohol. One driver was impaired by meth. No cannabis was detected in any of the drivers.

In Scottsdale, blood-test results were available in 100 of 117 serious crashes involving suspected impaired drivers from November 1, 2011 to December 31, 2012. (The other 17 crashes didn't become police investigations for various reasons, police say.)

Only one of the 100 cases involved a driver who tested positive for just pot. By comparison, three of the Scottsdale cases involved suspected impaired drivers who didn't test positive for any drug or alcohol.

Four other drivers came up dirty for pot — but also tested positive for booze, (two cases), Xanax (one case), and cocaine (one case).

Last year, Phoenix had no cases of injury or fatal crashes believed caused by people high on nothing but marijuana.

Pot was, however, involved in some of Phoenix's most serious crashes in 2012. Drivers who are drunk or high on other drugs sometimes also may have pot in their bloodstreams. The combined effect of several substances seems to have a horrendous consequence for some drivers. But figuring out whether pot contributed to the drivers' impairment often is like asking which snowflake caused the avalanche.

For instance, one driver suspected of causing a fatal crash in Phoenix tested positive for THC — but also had a .021 BAC and four different kinds of prescription sedatives. In another THC-positive case, the driver also was legally drunk and on cocaine.

In addition to crash stats, New Times reviewed all the DUI-drug cases involving marijuana in 2012. All told, Phoenix handed out 6,118 citations for DUI last year. Here's the breakdown, according to the Phoenix PD:

• 300 of the cases involved drugs and no alcohol.

• 111 of the 300 drug cases involved marijuana.

• 58 of the 111 involved just marijuana, while 53 people tested positive for pot, alcohol, and other substances.

• In 336 of the alcohol DUIs, drivers also tested positive for pot and/or other drugs.

Out of 15 fatal crashes involving suspected impaired drivers from November 2011 to November 2012, Phoenix police records show: Six were impaired by alcohol only; three had used booze, pot, and other drugs all at once; one tested positive for pot and meth; one was positive for alcohol and sedatives; and four tested positive for neither drugs nor alcohol, with no drug analysis having been performed on one of the four.

Information on fatalities in which the suspected impaired driver was killed were not obtained by New Times, though police predict that autopsy toxicology reports would reveal several more cases of drivers with alcohol, drugs, or pot in their blood.

This law is really messed up. I got a sober DUI last week. I have a medical card. I just got done walking my dog for 1.5 miles, running about 3 and hitting the gym. Then I showered and got behind the wheel. No way was I impaired. I wasn't high, buzzed or anything. I've been toking for decades, every day. So my blood is gonna be positive. I was an idiot who agreed to the FST because here I am stone-cold sober, thinking I'll just show them I'm sober. F'n BS law.

Yep its another bullshit pot law. The truth is they have no way to know when the last time you smoked was or if you are impaired. They can only pull blood which could show a joint smoked two weeks ago. Its not the same as alcohol and shouldnt be treated the same way with testing. I feel bad for anyone dealing with these totally unjust laws. For fucks sake its a plant, im not hurting anymore, so just leave us the fuck alone.

Cannabis can be planted outdoors under the Sun, either on natural soil
or in pots of pre-made or commercial soil. Of course some strains are
better than others for outdoor cultivation. One strain is not the same
as the other and some is just more suitable for your garden than others.
This can of course depend on different conditions, variables and
aspects. Outdoor marijuana strains, like most other strains, can be
bought basically anywhere and there are hundreds of different cannabis
strains that are bred for outdoor growing, or at least claimed to be so.
A lot of these outdoor cannabis seeds are simply copies of other
already existing strains or seeds and have just been given a different
name or a nice and interesting sounding description.

this same exact thing has happend to me. I had smoked a joint a day before getting pulled over and just like the report says if a "D.R.E." officer pulls you over and they can prove you have any type of metabolite in your system then your basically screwed. I have had to pay THOUSANDS of dollars to the state of Arizona for getting a DUI plus since I am a MMJ patient they couldnt charge me with any marijuana related crimes so after charging me with not only a DUI i was required to take Substance abuse classes and a MADD (mothers against DRUNK driving) course. Also what the report doesnt mention is that in AZ once you are charged with any type of DUI you are required to have a Breathalyzer installed in your vehicle for a YEAR! (average 100$/ month) AZ is a police state and anyone that says otherwise needs to get their heads checked.

My nephew, who is not a patient, is still going to be convicted of a dui for pot, even though he was sober. He was involved in an accident on his way home from school that was not his fault. He was sober, but had smoked a joint two days before to celebrate a new job. After the accident, the police determined he was impaired "to the slighest degree" pupils slightly dialated, and had trouble with field test. (later, the blood results showed he was completely sober, and had only trace cannibinoids in his blood, showing he was telling the truth) . His "impairment" was caused by getting punched in the face with an airbag after getting in his first accident, and he was frazzled. He was offered no medical assistance, and was instead arrested, despite the accident being the other drivers fault.

Our laws definately need to be reformed. His life will be altered forever, and he is a good kid, didn't even do the crime he will be convicted of. AZ sucks!

The California Supreme Court ruled Monday that cities and counties can ban medical marijuana dispensaries, a decision likely to further diminish the network of storefront pot shops.

In a unanimous opinion, the court held that California’s medical marijuana laws — the nation’s first and most liberal — neither prevent local governments from using their land-use powers to zone dispensaries out of existence nor grant authorized users convenient access to the drug.

The ruling came in a legal challenge to a ban enacted by the city of Riverside in 2010, but 200 other jurisdictions have similar prohibitions on retail pot sales, the advocacy group Americans for Safe Access estimates.

Of the 18 states that allow the medical use of marijuana, California is the only one where residents can obtain a doctor’s recommendation to consume it for any ailment the physician sees fit as opposed to only for conditions such as AIDS and glaucoma.

What is the deal with this County Attourney. Does he not have access to any scientific studies or is it he just hates anyone who isn't like him. I wonder if he keeps some pain pills around for you know when he might need them. I have never seen anyone who acts so intense unless they are covering something up about themselves. Makes you wonder!

You are quoting a 'study' (and I use that term very loosely here) done by a TV station, that is NOT scientifically done, has no idea whatever else the participant was on (they only checked for MJ prior to the test, nothing else), was not done in a controlled manner, was done with a very small test group (only 3 people) and only 1 "expert" that we do not know they qualifications as your source????

ROFLMFAO!!!!!! What an idiot - come back to me when it's an ACTUAL test and not a show being put on to get people to watch their 'news' station.

As I have said, I do not advocate anyone driving inebriated on anything, but c'mon, citing this as an actual test with real world scientific and accurate results is just stupid.

Come back to me with an actual test correctly done and we'll talk, until then, I will stick with the real studies done on an actual representative test group, done by scientists and LEO's who know how to do a proper study instead of this propaganda.

Of course but drink yourself into a stuper & you can drive the next morning...by law. Oh & lets let all elelderly drive w/o regular or more frequent driving tests regardless of the meds they may be on or disability same a half

It is typical of right wing dingbats and pretentious politicos like Bill Montgomery, who incessantly bemoan the Feds impinging on State powers. Yet, these same two-faced political whores want to take over control of federal immigration law. While, in the same breath they fight to overthrow the will of State voters , who have thrice voted to allow access to medical marijuana. State's right's my ass you dictatorial dicks

" certified drug-recognition experts" You must mean cops that profile people and besides people that are drunk drive like there is no tomorrow and care free step on the gas. A stoned person will drive way more cautious slow and concentrate on driving.

Sounds like they knew that Zaccard and targeted him. Come on Cops your breaking the law pulling people over for no reason! and lying that Zaccard was impared.

I've heard the cops will pull so s BS about your toungesppearing green.I can tell you one could sit down and smoke up a 1/4 oz or eat a dozen highly medicated cookies and your toungesppearing is not going to turn green.the simple fact that the cops lie and this lie can be proven should have this tossed as a cop looking to make a bust regardless of the actual state the person is in.smoking cannabis does not, nor does eating cannabis nor has it ever made one's tongue appear green.

Persecuting sick folks because of trace amounts of THC?! Why did voters even bother passing this law? All it does is give MontyPug (who kept Peter Spaw on taxpayers teat despite confessing to Constitutional violations and abuse of power) a license to put people in jail.

This nonsense (convicting people driving while impaired by marijuana when they are very obviously not impaired by marijuana) is possible only because of the utter neutering of the Grand Jury. This institution (enshrined in our 5th Amendment) came to us from England. It's purpose was to protect Englishmen from a King's ability to charge people for no good reason. It was a screen between accusation and indictment.

Here in Arizona in the 21st century we have the perfect example of the need for this institution. But it hardly exists. The only people on a Grand Jury are those who can take significant time away from work and family obligations for essentially no pay for a period of four months. This is a select group who tend to be older, less emphatic and less informed.

And then, let not any member of the Grand Jury express any doubt about interpretation of law, the process, nor anything detrimental to the prosecutor. Removal is always an option for the powers that be.

Only a majority vote is required for indictment. Neither the accused nor his attorney have any right to appear, and almost never is that rule waived. No contrary or conflicting evidence is ever presented, except by accident. The Grand Jury knows nothing but what they are permitted to hear by the prosecutor.

One consequence of the neutering of the Grand Jury is that prosecutors like Bill Montgomery are able to promote these types of obvious injustice.

You have the right to remain silent, use that right and stop thinking you are obligated in ANY way to tell a cop that you smoked pot, are or are not sober, did or did not have a drink, etc. You have the right to NOT take a field sobriety test and only a fool takes a field sobriety test. It is NOT a test that will be used to prove you are sober but is a test used to collect evidence, usually subjective evidence, that you are impaired.

Once you have admitted to having had a drink or smoked pot you have given the cop probable cause to draw your blood.

Shut up and your chances of staying out of jail are a lot better.

As for morons like Montgomery, if it is difficult to prove someone is impaired due to pot that does not mean the burden of proof should be dropped to nothing, if you can't prove beyond a reasonable doubt that someone is impaired on pot then you have no business arresting and prosecuting them.

If the Arizona Supreme Court doesn't see this as an end run around the medical pot law, it is time for another voter initiative.